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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-37 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-37. Who may be appointed magistrate.
Any person may be appointed to the office of magistrate under this title subject to the limitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of this section.
A person shall be eligible for appointment to the office of magistrate under
the provisions of this title: (a) if such person or his spouse is not a
law-enforcement officer; (b) if such person or his spouse is not a clerk, deputy or
assistant clerk, or employee charged with the duty of enforcing any of the laws
of this Commonwealth or any ordinance of any political subdivision thereof, of
any such clerk of a district court or police department or sheriff's office in
any county or city with respect to appointment to the office of magistrate of such
county or city, provided that the Committee on District Courts may authorize a
magistrate to assist in the district court clerk's office on a part-time basis;
(c) if the appointment does not create a parent-child, husband-wife, or
brother-sister relationship between a district court judge and such person
serving within the same judicial district; (c1) if such person is not the chief
executive officer, or a member of the board of supervisors, town or city
council, or other governing body for any political subdivision of this
Commonwealth; (d) if such person is a United States citizen and a resident of
the judicial district for which he is appointed to serve as magistrate or an
adjoining judicial district. Any magistrate serving in the City of Norfolk on
July 1, 1996, shall be eligible for reappointment pursuant to this article
regardless of the judicial district of his residence. No magistrate shall issue
any warrant or process in complaint of his spouse, child, grandchild, parent,
grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law or
sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward. The
residence provisions contained in this section shall not be a bar to the
reappointment of any magistrate in office on July 1, 1973, provided he is
otherwise eligible to serve under the provisions of this chapter.